General Terms and Conditions applicable to individuals and legal entities
General Terms and Conditions for Natural Persons and Legal Entities – Entrepreneurs
General Terms and Conditions of Canna b2b, s.r.o., with its registered office at Žižkova 708, Příbram II, 261 01, Czech Republic, ID No.: 02023024, VAT ID: CZ02023024, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 214621 (hereinafter referred to as the ‘Seller’) for the sale of Goods through an online store located at the internet address www.canatura.com to natural or legal persons – entrepreneurs acting within the scope of their business activities (hereinafter referred to as the ‘Buyer’) (hereinafter referred to as the ‘GTC’)
I. Introductory provisions
- These GTC govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the ‘Contract’) concluded between the Seller and a natural or legal person – entrepreneur through the Seller’s online store. The online store is operated by the Seller at the internet address www.canatura.com, through a web interface (hereinafter referred to as the ‘Web Interface of the Store’) (the Goods offered by the Seller through the Web Interface of the Store are hereinafter referred to as the ‘Goods’).
- The GTC also govern the rights and obligations of the contracting parties when using the Seller’s website located at www.canatura.com (hereinafter referred to as the ‘Website’) and other related legal relationships.
- Provisions deviating from the GTC may be agreed in the Contract. Deviating provisions in the Contract shall take precedence over the provisions of the GTC.
- The provisions of the GTC are an integral part of the Contract. The Contract and the GTC are drawn up in Czech and, where applicable, in English, in which case the Czech version shall prevail.
- The Seller may amend or supplement the GTC. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the GTC.
II. User account
- Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for Goods (hereinafter referred to as the ‘User Account’). If the Web interface of the store allows it, the Buyer can also place orders for Goods without registration directly from the Web interface of the store.
- When registering on the Website and when ordering Goods or services, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account in the event of any changes. The information provided by the Buyer in the User Account and when ordering Goods is considered correct by the Seller.
- Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.
- The Buyer is not entitled to allow third parties to use the User Account.
- The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 1 (in words: one) year, or if the Buyer breaches their obligations under the Contract (including the GTC).
- The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.
III. Conclusion of the Agreement
- The web interface of the store contains a list of Goods offered by the Seller, including the prices of individual Goods. The prices of the Goods offered are inclusive of value added tax and all related fees and include all licence fees and any licence remuneration. The offer of Goods, as well as the prices of these Goods, remain valid for as long as they are displayed in the Web interface of the store. This provision does not limit the Seller’s ability to conclude a Contract under individually negotiated terms.
- All offers to sell Goods placed on the Web Interface of the Store are non-binding and the Seller is not obliged to conclude a Contract regarding these Goods.
- The Web Interface of the Store also contains information about the costs associated with packaging and delivery of the Goods.
- To order Goods, the Buyer shall fill in the order form in the Web interface of the store. The order form contains, in particular, information about:
- the Goods ordered (the Buyer ‘places’ the ordered Goods in the electronic shopping cart of the Web interface of the store);
- the method of payment for the Goods, details of the required method of delivery of the ordered Goods; and
- information about the costs associated with the delivery of the Goods (hereinafter collectively referred to as the ‘Order’).
- Before sending the Order to the Seller, the Buyer is allowed to check and change the information entered in the Order, including the possibility for the Buyer to identify and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the ‘Send’ button. The information provided in the Order is considered correct by the Seller. Immediately after receiving the Order, the Seller shall confirm its receipt to the Buyer by email to the email address of the Buyer specified in the User Interface or in the Order (hereinafter referred to as the ‘Buyer’s Email Address’).
- Depending on the nature of the Order (quantity of Goods, price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).
- The contractual relationship between the Seller and the Buyer shall come into effect upon delivery of the Order acceptance, which shall be sent by the Seller to the Buyer by email to the Buyer’s Email Address.
- The Buyer acknowledges that the Seller is not obliged to conclude a Contract, in particular with persons who have previously committed a material breach of their obligations towards the Seller.
- The Buyer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
- the Goods ordered (the Buyer ‘places’ the ordered Goods in the electronic shopping cart of the Web interface of the store);
- the method of payment for the Goods, details of the required method of delivery of the ordered Goods; and
- information about the costs associated with the delivery of the Goods (hereinafter collectively referred to as the ‘Order’).
IV. Price of Goods and Payment Terms
- The Buyer may pay the Seller the price of the Goods and any costs associated with the delivery of the Goods under the Contract in the following ways:
- in cash on delivery at the location specified by the Buyer in the order;
- by cashless transfer to the Seller’s account (for payments in EUR) maintained at Fio banka, a.s., Na Florenci 2139/2, Nové Město, 110 00 Praha 1, IBAN: CZ78 2010 0000 0028 0103 5384, SWIFT/BIC: FIOBCZPPXXX (hereinafter the “Seller’s Account”);
- by bank transfer via the GoPay payment system;
- by bank transfer via a payment gateway;
- in cash or by card at the Canatura store at Pražská 145, Příbram II, 261 01.
- Together with the price, the Buyer shall also pay the Seller the costs associated with packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the price shall also include the costs associated with the delivery of the Goods, including any licence fees.
- In the case of cash payment or cash on delivery, the price is payable upon receipt of the Goods. In the case of cashless payment, the price is payable within 7 (seven) days of the conclusion of the Contract. In the event of late payment for the Goods, the Seller is entitled to charge interest on late payment at a rate of 0.5 % (in words: half a percent) of the amount due for each day of delay. This does not affect the Seller’s right to claim damages. In the event of a delay in payment for the Goods, the Buyer also undertakes to pay the Seller a contractual penalty of 0.1% (in words: one tenth of a percent) of the amount due for each day of delay. The contractual penalty shall be paid by the Buyer regardless of whether the Seller has incurred any damage. The contractual penalty and interest on late payment shall be payable within 15 days (in words: fifteen days) of the date of the written request for payment.
- In the case of cashless payment, the Buyer is obliged to pay the price of the Goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
- The Seller is entitled to demand payment of the full price before dispatching the Goods to the Buyer.
- Any discounts from the price provided by the Seller to the Buyer may be combined.
- The Seller shall issue a tax document – invoice to the Buyer for payments made under the Contract. The Seller is a value added tax payer. The Seller shall issue the tax document – invoice to the Buyer after payment of the price and send it in electronic form to the Buyer’s email address or attach it as part of the order sent.
- in cash on delivery at the location specified by the Buyer in the order;
- by cashless transfer to the Seller’s account (for payments in EUR) maintained at Fio banka, a.s., Na Florenci 2139/2, Nové Město, 110 00 Praha 1, IBAN: CZ78 2010 0000 0028 0103 5384, SWIFT/BIC: FIOBCZPPXXX (hereinafter the “Seller’s Account”);
- by bank transfer via the GoPay payment system;
- by bank transfer via a payment gateway;
- in cash or by card at the Canatura store at Pražská 145, Příbram II, 261 01.
V. Withdrawal from the Agreement
- Until the Goods are taken over or the service is provided to the Buyer, the Seller is entitled to withdraw from the Contract at any time. In such a case, the Seller shall return the price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
- The Seller is also entitled to withdraw from the Contract if the Buyer is in default with payment of the price of the Goods for more than 2 (in words: two) weeks.
- The Buyer is entitled to withdraw from the Contract if the Seller is in default with delivery of the Goods for more than 2 (in words: two) weeks from the agreed delivery date.
- The Buyer is not entitled to withdraw from the Contract with regard to Goods that have been delivered properly, on time and without defects. The only exception is repurchase by mutual agreement in the maximum amount of 50% (in words: fifty percent) of the sale price.
- Withdrawal from the Contract must be made in writing and, in the case of Contracts concluded electronically, also electronically. Withdrawal from the Contract is effective upon delivery of the notice of withdrawal to the other contracting party.
- If a gift is provided to the Buyer together with the Goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent that if the Contract is withdrawn, the gift agreement regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift provided to the Seller together with the Goods. In such a case, the Seller reserves the right to refund the price or part thereof only after the gift has been returned.
VI. Transport, delivery of Goods and provision of services
- The method of delivery of the Goods shall be determined by the Seller, unless otherwise specified in the Contract. If the method of transport is agreed upon at the request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
- If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the Goods upon delivery. If the Buyer fails to take delivery of the Goods upon delivery, the Seller shall be entitled to charge a storage fee of CZK 100 (in words: one hundred Czech crowns) or the Seller shall be entitled to withdraw from the Contract.
- If, for reasons on the part of the Buyer, the Goods must be delivered repeatedly or in a manner other than that specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the Goods or the costs associated with another method of delivery.
- Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and to notify the carrier immediately of any defects. If the packaging is found to be damaged, indicating unauthorised access to the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the Goods was intact.
- Further rights and obligations of the parties during the transport of the Goods may be governed by the Seller’s special delivery terms, if issued by the Seller.
VII. Liability for defects, warranty
- The rights and obligations of the contracting parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding legal regulations, in particular the relevant provisions of the Civil Code.
- The Seller is liable to the Buyer for ensuring that the sold item is in accordance with the Contract, in particular that it is free of defects. Conformity with the Contract means that the item sold has the quality and useful properties agreed in the Contract, and if these are not specified, that it corresponds to the requirements of legal regulations, is in the appropriate quantity, measure or weight, as described by the Seller, the manufacturer or their representative.
- If the Goods are not in conformity with the Contract upon acceptance by the Buyer (hereinafter referred to as ‘Non-conformity with the Contract’), the Buyer shall be entitled to have the defect removed by delivery of new Goods or delivery of the missing Goods, further to have the defect removed by repairing the Goods, to a reasonable discount from the price or to withdraw from the Contract in accordance with the conditions set out in the Seller’s Complaints Procedure (hereinafter referred to as the ‘Complaints Procedure’), which is available for inspection here. The Seller is entitled to choose the method of removing the defect.
- Defects causing a discrepancy with the concluded Contract shall not be considered if the Goods do not have any properties, standards or quality levels beyond those expressly stated.
- The Seller is therefore not liable, among other things, for the compatibility of the data provided by it with any hardware or software of the Buyer or third parties that are not expressly specified for a particular service. In the event of loss or damage to the records or data of the Buyer or a third party arising as a result of incorrect, unauthorised or inappropriate conduct on the part of the Buyer or the handling of data provided by the Seller, including reverse engineering, the Seller shall not be liable for any damage or loss arising therefrom or any consequential damage.
- All rights of the Buyer arising from the Seller’s liability for defects shall be exercised by the Buyer at the Seller’s address at Pražská 145, Příbram II, 261 01. The moment of filing a complaint shall be deemed to be the moment when the Seller receives the Goods subject to complaint from the Buyer.
- Further rights and obligations of the parties related to the Seller’s liability for defects are governed in detail by the Complaints Procedure, which can be viewed here.
- The Buyer is fully responsible for the legality of the product in the country of import (destination) ordered on the Seller’s e-shop. The Buyer is also fully responsible for customs clearance of the product. The Seller shall not be liable in the event that the customs authorities of the country to which the product is imported unlawfully seize the product (i.e. in violation of the legislation of the importing country).
VIII. Other rights and obligations of the contracting parties
- The Buyer acquires ownership of the Goods upon payment of the full price of the Goods.
- The Buyer acknowledges that the software and other components forming the Web interface of the store (including photographs of the Goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could enable them or third parties to interfere with or use the software or other components forming the Web Interface of the Store without authorisation.
- When using the Web interface of the store, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the Web interface of the store. The Web interface of the store may only be used to the extent that it is not to the detriment of the rights of other customers of the Seller and that it is in accordance with its intended purpose.
- The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code in relation to the Buyer. The Seller does not provide any after-sales services except for those explicitly stated by the Seller on its Website for individual Goods.
- The Buyer acknowledges that the Seller is not liable for errors arising as a result of third party interference with the Website or as a result of use of the Website contrary to its intended purpose.
IX. Protection of personal data
- The Seller duly fulfils all its obligations in relation to personal data protection. For the sake of clarity, the Seller has issued a special Personal Data Protection Policy, which summarises this matter.
X. Delivery
- Unless otherwise agreed, all correspondence related to the Agreement must be delivered to the other party in writing, either by email, in person, or by registered mail through a postal service provider (at the sender’s discretion). The Buyer will receive correspondence at the email address listed in their User Account.
XI. Final provisions
- If the relationship related to the use of the Website or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law.
- If any provision of the GTC is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Agreement or the GTC must be made in writing.
- The Contract, including the GTC, is archived by the Seller in electronic form and is not accessible except for the fulfilment of the Seller’s obligations under applicable law. The Seller shall allow the Buyer access to its wording upon request.
- The contractual relationship between the Buyer and the Seller is concluded for a period defined by the proper performance of the contracting parties in accordance with the relevant Contract. Unless otherwise specified in the concluded Contract or the GTC in specific cases, the contracting parties are not entitled to terminate the Contract before its proper performance.
- Seller’s contact details:
- delivery address: Canatura, Pražská 145, Příbram II, 261 01
- e-mail address: [email protected]
- telephone: +420 774 426 915
- delivery address: Canatura, Pražská 145, Příbram II, 261 01
- e-mail address: [email protected]
- telephone: +420 774 426 915
These GTC shall enter into force and become effective on 14 March 2025.
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Imported from Canatura. Links have been converted to thcvapestores.com where possible.